Wisconsin
How Burrow-Giles Lithographic Co. v. Sarony applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Intellectual Property.
Wisconsin follows the principles established in Burrow-Giles Lithographic Co. v. Sarony regarding authorship and originality in copyright law. The state recognizes the importance of individual authorship in determining copyright protections, aligning closely with federal standards.
In Wisconsin, the author of a work, whether a photograph or derivative work, holds the copyright unless an agreement states otherwise. The originality of the work is judged on its creative expression rather than merely on the technical skill involved.
The court ruled that the individual contributions of co-authors can independently establish copyright protection.
The ruling emphasized the necessity of original expression in a work, reinforcing the standards set by federal copyright law.
The court acknowledged that photographs have to demonstrate a level of creativity to warrant copyright protection.
Wisconsin's approach aligns closely with federal copyright standards as established by the Copyright Act and precedents such as Burrow-Giles. Both emphasize originality and authorship, although Wisconsin may include more state-specific interpretations in certain cases.
Understanding how the principles of authorship and copyright protection in Burrow-Giles translate into Wisconsin law is essential for the Intellectual Property section of the Wisconsin bar exam.